CLOSED

United States District Court
Southern District of West Virginia (Charleston)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00053 All Defendants


Case title: United States of America v. Kincaid Enterprises, Inc.

Date Filed: 02/28/2005
Date Terminated: 10/24/2005

Assigned to: Magistrate Judge Maurice G. Taylor, Jr.

Defendant (1)
Kincaid Enterprises, Inc.
TERMINATED: 10/24/2005
represented byKenneth E. Webb , Jr.
BOWLES RICE MCDAVID GRAFF & LOVE
P. O. Box 1386
Charleston, WV 25325-1386
304/347-1100
Fax: 304/347-1756
Email: kwebb@bowlesrice.com
TERMINATED: 10/24/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Leonard B. Knee
BOWLES RICE MCDAVID GRAFF & LOVE
P. O. Box 1386
Charleston, WV 25325-1386
304-347-1100
Fax: 347-1756
Email: lknee@bowlesrice.com
TERMINATED: 10/24/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ENFORCEMENT - CRIMINAL PENALTIES
(1)
1 yr Probation, $125 sp. assmt., $20,000 fine.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented bySusan M. Robinson
UNITED STATES ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 304/347-5104
Email: susan.robinson3@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/28/20051INFORMATION as to Kincaid Enterprises, Inc. count 1. (tmr) (Entered: 03/01/2005)
02/28/2005  CASE as to Kincaid Enterprises, Inc. Assigned to Magistrate Judge Mary E. Stanley. (skh) (Entered: 03/02/2005)
03/08/20052 MOTION by United States of America to Schedule Guilty Plea Hearing as to Kincaid Enterprises, Inc. (mkw) (Entered: 03/09/2005)
03/09/20053ORDER granting govt's 2 Motion to Schedule Plea Hearing as to Kincaid Enterprises, Inc.; Guilty Plea Hearing set for 3/21/2005 10:00 AM before Magistrate Judge Mary E. Stanley. Signed by Mag. Judge Mary E. Stanley on 3/9/2005. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
03/09/2005  ATTORNEY UPDATE in case as to Kincaid Enterprises, Inc. ATTORNEY Leonard B. Knee for Kincaid Enterprises, Inc. added. (tmr)
03/11/20054ORDER as to Kincaid Enterprises, Inc.; rescheduling the Guilty Plea Agreement Hearing for 3/21/2005 at 11:00 AM in Charleston before Magistrate Judge Mary E. Stanley. Signed by Mag. Judge Mary E. Stanley on 3/11/2005. (cc: Judge, USA, USP, USM, counsel, deft) (mkw)
03/14/20055NOTICE OF APPEARANCE OF COUNSEL: Kenneth E. Webb, Jr. APPEARING FOR Kincaid Enterprises, Inc. (mkw) (Entered: 03/15/2005)
03/21/20056PLEA HEARING as to Kincaid Enterprises, Inc. held by Mag. Judge Mary E. Stanley on 3/21/2005; Court Reporter: Courtflow. (taj)
03/21/20057ORDER as to Kincaid Enterprises, Inc.; upon hearing held 03/21/05; Deft executed a Consent to Proceed Before United States Magistrate Judge in a Misdemeanor Case; Filing the consent and waiver of right to trial by jury and to have 30 days to prepare for trial, letter-form plea agreement and written plea of guilty to Count 1; Defendant released without requirement to post bond pending sentencing; Presentence Investigation Report Deadline 5/24/2005; Sentencing set for 5/31/2005 at 02:00 PM in Charleston before Magistrate Judge Mary E. Stanley. Signed by Mag. Judge Mary E. Stanley on 3/21/2005. (cc: Judge, USA, USP, USM, counsel, deft) (mkw) Modified on 3/24/2005 (Howie, Susan).
03/21/20058CONSENT TO PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE IN A MISDEMEANOR CASE, WAIVER OF RIGHT TO TRIAL BY JURY, WAIVER OF RIGHT TO HAVE THIRTY DAYS TO PREPARE FOR TRIAL USA, Kincaid Enterprises, Inc. (mkw) Modified on 3/24/2005 (Howie, Susan).
03/21/20059WRITTEN PLEA OF GUILTY by Defendant Kincaid Enterprises, Inc. (mkw)
03/21/200510PLEA AGREEMENT as to Kincaid Enterprises, Inc. (cc: U.S. Probation Office) (mkw)
03/21/200511SPECIAL ASSESSMENT PAYMENT as to Kincaid Enterprises, Inc. Receipt No. 16271; Amount: $125. (tmr)
03/22/200512PROBATION OFFICER ASSIGNMENT/SUPERVISION FORM as to Kincaid Enterprises, Inc. Presentence Investigation: Debra L. LaDoucer. (taq) (Entered: 03/23/2005)
03/25/200513SEALED DOCUMENT. (mkw)
03/25/200514SEALED DOCUMENT. (mkw)
05/26/200515MOTION by Kincaid Enterprises, Inc. to Continue Final Disposition Hearing. (mkw)
05/26/200516ORDER granting deft's 15 Motion to Continue final disposition as to Kincaid Enterprises, Inc.; sentencing reset for 6/14/05 @ 2:00 p.m. Signed by Mag. Judge Mary E. Stanley on 5/26/2005. (cc: Judge, USA, USP, USM, counsel (via fax), deft) (tmr) Modified on 6/2/2005 (Howie, Susan).
06/10/200517ORDER as to Kincaid Enterprises, Inc.; Sentencing reset for 7/5/2005 02:00 PM before Magistrate Judge Mary E. Stanley.. Signed by Mag. Judge Mary E. Stanley on 6/10/2005. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
06/13/200518ORDER as to Kincaid Enterprises, Inc.; Sentencing reset for 7/26/2005 02:00 PM before Magistrate Judge Mary E. Stanley; financial information to Probation Department by 7/12/05. Signed by Mag. Judge Mary E. Stanley on 6/13/2005. (cc: Judge, USA, USP, USM, counsel, deft) (tmr) Modified on 6/15/2005 (Howie, Susan).
07/20/200519ORDER as to Kincaid Enterprises, Inc.; Sentencing reset for 7/28/2005 02:00 PM before Magistrate Judge Mary E. Stanley. Signed by Magistrate Judge Mary E. Stanley on 7/20/2005. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
07/22/200520NOTICE as to Kincaid Enterprises, Inc. re: certain facts with respect to paragraphs 19 and 20 of the PSI. Signed by Magistrate Judge Mary E. Stanley on 7/22/2005. (cc: Judge, USP, counsel, deft) (mkw) Modified on 7/25/2005 (Howie, Susan).
07/26/200521MOTION by Kincaid Enterprises, Inc. for Recusal by the Court. (tmr) Modified on 7/29/2005 (Howie, Susan). (Entered: 07/27/2005)
07/27/200522ORDER granting deft's 21 Motion for Recusal as to Kincaid Enterprises, Inc.; continuing the sentencing scheduled for 07/28/05 at 2:00 p.m. pending reassignment of this case by the Clerk. Signed by Magistrate Judge Mary E. Stanley on 7/27/2005. (cc: Judge, USA, USM, USP, counsel, deft) (mkw)
08/03/200523CLERK'S ORDER REASSIGNING CASE. Case reassigned from Mag. Judge Mary E. Stanley to Mag. Judge Maurice G. Taylor, Jr. (cc: attys; any unrepresented party; Judge) . Signed by Clerk of Court Teresa L. Deppner on 8/3/2005. (tmr)
08/16/200524MOTION by USA as to Kincaid Enterprises, Inc. to Schedule Sentencing Hearing. (mkw) (Entered: 08/17/2005)
09/09/200525ORDER as to Kincaid Enterprises, Inc.; Sentencing set for 10/12/2005 10:00 AM before Magistrate Judge Maurice G. Taylor, Jr. Signed by Magistrate Judge Maurice G. Taylor, Jr. on 9/9/2005. (cc: Judge, USA, USP, USM, counsel, deft, FPD) (tmr)
10/12/200526SENTENCING as to Kincaid Enterprises, Inc. held by Magistrate Judge Maurice G. Taylor, Jr. on 10/12/2005; Court Reporter: CourtFlow. (gan) Modified on 10/17/2005 (Proctor, Rebecca).
10/24/200527JUDGMENT as to Kincaid Enterprises, Inc., Count 1, 1 yr Probation, $125 sp. assmt., $20,000 fine. Signed by Magistrate Judge Maurice G. Taylor, Jr. on 10/24/2005. (cc: Judge, USA, USP, USM, counsel) (tmr)
10/24/200528ORDER SEALING STATEMENT OF REASONS as to Kincaid Enterprises, Inc. . Signed by Magistrate Judge Maurice G. Taylor, Jr. on 10/24/2005. (cc: Judge, USA, USP, counsel) (tmr)
10/24/200529SEALED/SOR as to Kincaid Enterprises, Inc. (tmr)
11/07/200530CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc.. Receipt No. 17440; Amount: $2000. (tmr) Modified on 12/29/2005 (Howie, Susan). (Entered: 11/08/2005)
12/09/200531CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc.; Receipt No. 17594; Amount: $2,000.00. (mkw) Modified on 12/29/2005 (Howie, Susan).
12/28/200532PROBATION FORM NO. 7A - CONDITIONS OF PROBATION AND/OR SUPERVISED RELEASE as to Kincaid Enterprises, Inc. (mkw)
01/18/200633CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc. Receipt No. 17829; Amount: $2,000.00. (taq)
02/17/200634CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc.. Receipt No. 17986; Amount: $2,000.00. (taq)
03/21/200635CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc. Receipt No. 18157; Amount: $2000. (tmr)
04/12/200636CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc.. Receipt No. 18271; Amount: $2000.00. (Entered: 04/14/2006)
05/09/200637CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc. Receipt No. 18418; Amount: $2,000.00. (mkw)
06/12/200638CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc.. Receipt No. 18625; Amount: $2,000.00. (taq) (Entered: 06/13/2006)
08/01/200639CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc. Receipt No: 18900; Amount: $2,000.00. (taq) (Entered: 08/02/2006)
08/30/200640CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc. Receipt No: 19064; Amount: $2,000.00. (taq) (Entered: 08/31/2006)
08/30/200641CRIMINAL FINE PAYMENT as to Kincaid Enterprises, Inc. Receipt No: 19065; Amount: $359.90. (taq) (Entered: 08/31/2006)
09/26/200642LETTER by USA as to Kincaid Enterprises, Inc. indicating that the defendant has paid in full all criminal monetary impositions in this criminal action. cc: Court Services. (Call, Gary)